Amsterdam Law Forumhttp://amsterdamlawforum.org/
Scientific International Law and Policy Commentary Journalen-US<p>This journal provides open access to all of it content on the principle that making research freely available to the public supports a greater global exchange of knowledge. Such access is associated with increased readership and increased citation of an author's work. For more information on this approach, see the <a title="Public Knowledge Project" href="http://pkp.sfu.ca/?q=ojs" target="_blank">Public Knowledge Project</a>, which has designed this system to improve the scholarly and public quality of research, and which freely distributes the journal system as well as other software to support the open access publishing of scholarly resources.</p>The principles of Open Access are stated in the <a title="Berlin Declaration" href="http://oa.mpg.de/openaccess-berlin/berlindeclaration.html" target="_blank">Berlin Declaration</a> on Open Access to Knowledge in the Sciences and Humanitiesinfo@amsterdamlawforum.org (Eszter Boldis)ojs-admin@ubvu.vu.nl (P.J.M. Vos)Fri, 29 Jun 2018 12:22:27 +0200OJS 2.4.8.3http://blogs.law.harvard.edu/tech/rss60Editorialhttp://amsterdamlawforum.org/article/view/447
Eszter Csenge Boldis
Copyright (c) 2018 Eszter Csenge Boldis
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http://amsterdamlawforum.org/article/view/447Fri, 29 Jun 2018 12:22:26 +0200The life-course of Pol Pot: How his early life influenced the crimes he committedhttp://amsterdamlawforum.org/article/view/434
International criminology focuses mostly on the lower level perpetrators even though it finds the leader is crucial for orchestrating the circumstances in which those people kill. While numerous theories from ordinary criminology have been usefully applied to these lower level perpetrators, the applicability of these theories to the leaders has remained underexplored. In order to fill this gap, the life-course theory of Sampson and Laub will be applied to Pol Pot whose brutal communist regime, cost the lives of approximately 1,7 million people. A difficult childhood, the influence of peers while he studied in Paris, and his marriage to a woman who shared his revolutionary mind-set, were all negative turning-points for Pol Pot.Myra de Vries, Maartje Weerdesteijn
Copyright (c) 2018 Myra de Vries, Maartje Weerdesteijn
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http://amsterdamlawforum.org/article/view/434Fri, 29 Jun 2018 12:22:26 +0200The Balance between 'Public Morals' and Trade Liberalization: Analysis of the Application of Article XX (A) of the GATT in the EC-SEAL Products Disputehttp://amsterdamlawforum.org/article/view/437
With the development of international society, public morals attract increasing attention from states. The General Agreement on Tariffs and Trade (hereinafter GATT)stipulates a series of exceptions that can justify states’ inconsistent acts with the GATT, among which “public morals” is hardly claimed by state parties, with the EC-Seal Product dispute being the first case that WTO dispute settlement organs has to consider such public moral exception as a distinct basis for trade restrictive measures. This article will analyze what kind of public morals can be justified when implementing trade restrictive measures and what procedures should be followed. In the meantime, the most important concern is how to avoid the application of Article XX (a) of GATT being abused as a shelter for trade protectionism.Qiaozi Guanglin
Copyright (c) 2018 Qiaozi Guanglin
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http://amsterdamlawforum.org/article/view/437Fri, 29 Jun 2018 12:22:26 +0200A 'Male' Future?: An Analysis on the Gendered Discourses Regarding Lethal Autonomous Weaponshttp://amsterdamlawforum.org/article/view/441
This study will to attempt to unearth the gendered language within the current dynamics of robotic warfare, giving a special focus on the debates around lethal autonomous weapons (LAWs). There is a sensitive gap on the analysis regarding the ways gender informs the talks regarding LAWs, given the fact they are a technology yet to be materialised. However, as the technological developments on LAWs seems to be rapidly evolving, as well as the ongoing discussion on the need for a pre-emptive ban on such technology that has gained prominence in the international scenario, it is important to also give an analysis on how gendered discourses inform and influence this debateJuliana Santos de Carvalho
Copyright (c) 2018 Juliana Santos de Carvalho
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http://amsterdamlawforum.org/article/view/441Fri, 29 Jun 2018 12:22:26 +0200Are “Unlawful Combatants” Protected under International Humanitarian Law?http://amsterdamlawforum.org/article/view/440
<p>Xiao Mao wrote an essay which responds to the question whether there is a lacuna in international humanitarian law in which a category called ‘unlawful combatants’ are not protected. Xiao analysed certain provisions in the Geneva Conventions, state practice and relevant international jurisprudence in the context of war on terror. It was during the Bush Administration that the prominence of this issue arose in the context of ‘war on terror’ as some members of terrorist groups were labelled as ‘unlawful combatants’ and thus were denied protection under international humanitarian law. Ultimately, Xiao concluded that event though some states attempted to deny protection to such combatants were through labelling them as unlawful, there is no lacuna in this regard under international humanitarian law. Sufficient provisions under the Geneva Conventions provide protections to combatants in case they fall into the hands of the enemy. Furthermore, even though such protections are not similar to what other innocent civilians enjoy, there is a guarantee to a minimum protection under international humanitarian law. Lastly, Xiao finds it very dangerous to recognise the third status in humanitarian law which might lead to the aggravation of such combatants and their noncompliance with international humanitarian law.</p>Xiao Mao
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http://amsterdamlawforum.org/article/view/440Fri, 29 Jun 2018 12:22:27 +0200The ICC’s South Africa Non-Compliance Decision: Effect of Security Council Resolution 1593(2005)http://amsterdamlawforum.org/article/view/436
After the issuance of the two arrest warrants against the sitting president of Sudan, Al Bashir, for alleged war crimes, crimes against humanity and genocide, issues arise of the obligation upon states parties to cooperate with the ICC. The ICC rendered several decisions on the non-compliance issues. In recent, the ICC delivered a decision on South Africa’s refusal to arrest and surrender him to The Hague. The Chamber heavily relied on Resolution 1593 to reach its conclusion that Sudan is in a status of a state party to the Rome Statute in the Darfur situation. The same composed Chamber shared the same viewpoint in a subsequent decision on Jordan's refusal to cooperate. This note critically discusses the effect of Resolution 1593(2005) in three respects: firstly, it briefly summaries different approaches adopted in the ICC about non-compliance issues; secondly, it evaluates the effect of Resolution 1593; thirdly, it argues that Resolution 1593 cannot make Sudan (who has not signed up to the Rome Statute) participated in the ICC as if it were a party to the Statute.Yudan Tan
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http://amsterdamlawforum.org/article/view/436Fri, 29 Jun 2018 12:22:27 +0200Bringing Back the F-Word: Feminismhttp://amsterdamlawforum.org/article/view/448
Written by Selen Bayram-Helmer the final contribution to this issue addresses a timely topic: the #MeToo movement which gained momentum after the New York Times published decades of detailed allegations of sexual harassment against Hollywood producer, Harvey Weinstein. To better address the issue of sexual harassment, Bayram-Helmer suggests that men and women need to work together to change the fundamental problem of gender inequality. Furthermore, in addition to this collaboration, we may need a second collaboration of philosophers, psychologists, sociologists and historians (among others) to address this multifaceted issue.Selen Bayram-Helmer
Copyright (c) 2018 Selen Bayram-Helmer
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http://amsterdamlawforum.org/article/view/448Fri, 29 Jun 2018 12:22:27 +0200